Motion filed against the Clayton County Sheriff to dismiss
Governor Kemp had suspended Clayton County’s Sheriff Victor Hill in June, but his defense lawyers filed a motion that the criminal case against him was unconstitutional.
CLAYTON COUNTY, Georgia. – Clayton County’s Sheriff Victor Hill’s attorneys said the criminal case against him was unconstitutional and is asking a judge to suspend it.
Lyndsey Barron, former federal attorney and defense attorney, moved to dismiss the criminal case, which was filed on July 7th.
“There must be a case that warns him that it is a violation of the constitution to put someone on a chair,” affirmed attorney Barron.
The government accuses the sheriff, who has since been suspended, of having abused a chair for restraint and depriving four victims of their civil rights.
But attorney Barron argues that the government violated Hill’s rights. She said it’s easy.
“The constitution forbids prosecution of anyone who has essentially failed to realize that what they are doing is criminal. It is a fundamental premise of our criminal justice system,” commented Barron.
The sheriff’s legal department said since Hill did not have a “fair warning” he cannot be convicted.
“They are used all over Georgia. They are used all over the country, but we can’t find a single case similar to the sheriff’s. That’s the problem with the notification. Where else did this happen?” Chief Attorney Drew Findling questioned.
Sheriff Hill’s defense team said if there was a restraint chair abuse, there were other ways to remedy it.
“If the Department of Justice has a problem with the way Sheriff Hill is using this chair, there are workarounds and ways to address this policy without reporting anyone who has not been notified,” commented Barronron
Governor Brian Kemp suspended Hill from office in June over the case.
A date for the federal process has not yet been set.
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